The Discovery Update E-Letter Articles

07Feb2021

Top Four Tips for Building Resiliency Into Your Law Firm in 2021

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By Nicole Black We’ve finally left 2020 behind us and are looking forward to a new year – and hopefully a much less tumultuous one! Of course, times continue to be uncertain and until everyone is fully vaccinated it makes sense to build resiliency into your law firm in order to ensure that your law firm is able to thrive no matter what curveballs we encounter in the coming year.
07Feb2021

ESI Protocols: Planning for eDiscovery

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By Kelly Twigger The following is Part I in a multi-part series on how to draft and leverage an ESI protocol in any litigation. In conjunction with this series, eDiscovery Assistant has created a new section in Checklists and Forms titled ESI Protocols that will include new content with each part of this series. 
31Dec2020

Five Tips for Litigation in the Time of COVID

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By Morgan Wiener, Holland and Hart
Back in March, when we naively believed we’d be working from home for a few weeks and then things would be back to normal, much of our litigation came to a halt.  Our group had a number of trials continued, lawyers on all sides needed filing extensions as they adjusted to working remotely,
31Dec2020

The Value of a Production Log

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By Kelly Twigger It’s no secret that we love our checklists in eDiscovery. And lists are great, but are you tracking all the elements of your process?  Last week we talked about tracking your eDiscovery timeline — those events in the case that you don’t want to have to recreate each time you need to reference them.
02Dec2020

What Lawyers and Their Clients Should Do to Be Webcam Ready

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By Scott Brennan, CEO, Lexicon COVID-19 has upended the day-to-day professional lives of most lawyers, including an abrupt shift to video conferencing. While this new way of communicating with colleagues and clients, along with making court appearances, may seem daunting, it doesn’t have to be.  By paying attention to just a few key things,
30Nov2020

How Lawyers are Communicating Online in 2020

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By Nicole Black If you’re interested in learning about how lawyers are using technology, then the ABA’s annual Legal Technology Survey Report is exactly what you’re looking for. In this Report you’ll find timely statistics regarding the technologies that lawyers are using and how they are being implemented in law firms.
02Nov2020

The Ethics of Secure Communication During the Pandemic and Beyond

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By Nicole Black Like most lawyers, you’ve likely worked remotely on more than one occasion since March, when quarantines were put in place due to COVID-19. Since then, lawyers across the country continue to work remotely from different locations at least part-time, while others continue working remotely full-time. Of course, when lawyers work remotely,
05Oct2020

Jury Trials during COVID: A Will to Get it Done is Essential

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By James Waldenberger I recently tried one of the first jury trials of the COVID-19 era. Having done so, I’m happy to report that a jury trial may be readily accomplished if the court and counsel have one essential ingredient: the will to get it done. There was no playbook for what a jury trial during a pandemic would look like.
05Oct2020

Legal Collaboration Technology: Opportunities and Challenges

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By Jennifer Betts It is no secret that the way lawyers practice law has, in many ways, dramatically changed during the coronavirus pandemic. One such change is the way in which lawyers collaborate and communicate. A critical element of the effective practice of law has always included collaboration and communication internally within law firms and externally with clients and courts.
09Sep2020

Employee Use of Personal Technology at Work — What’s Discoverable?

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By Kelly Twigger With the advent of smartphones and personal tablets, people can do anything from check social media posts, listen to podcasts, and even deposit checks straight from their phones. Though most people have these items on their person almost all of the time, it doesn’t always mean that they are using them when they aren’t supposed to.
09Sep2020

Business Resiliency Planning for Law Firms

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By Nicole Black It’s hard to believe that the pandemic has been with us for nearly six months  – and will likely be  around for months, or even years, to come. As a result of COVID-19 and its effects, some firms are busier than ever, while others are finding that business has slowed down.
12Aug2020

Dawn of Zoom Deposition: What Lessons Are We Learning

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By Matt Keenan and Jon Strongman When history books are written about the COVID-19 era, they will certainly contain a chapter about how the virus changed the way we communicate—and the way we litigate. Civil discovery and depositions have, by necessity, moved online, and according to one prominent court reporting service the number of remote depositions grew 400% since March 2020.
06Jul2020

Top Secure Communication Tools for Lawyers During COVID-19

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By Nicole Black Like most lawyers, you’ve probably been working remotely due to the COVID-19 pandemic. Between the quarantines and social distancing requirements, you didn’t have much of a choice. Obviously, you’re not alone, since remote working has become the new normal for most businesses during the pandemic. And even with some areas of the country slowly reopening,
06Jul2020

Deposition Distancing: Practical Considerations for Taking Remote Depositions

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By David Abernethy, Kaitlyn E. Stone, Joseph Tanner, and Adrienne Franco Busby The COVID-19 pandemic continues to keep many lawyers, clients, and witnesses at home. As we discussed in a previous post, many courts are encouraging or requiring remote depositions, typically by videoconference, to keep discovery moving. Lawyers taking these depositions will have to do all of the things they usually do and more to deal with the challenges of a deposition environment unfamiliar to many of us.
30May2020

How to Conduct Videoconferences Ethically and Securely

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By Nicole Black Like most lawyers, you’ve probably been working remotely due to the COVID-19 pandemic, and more likely than not you’ve been conducting a lot of video meetings. After all, now that social distancing is commonplace, videoconferencing has become the new normal. Of course, for lawyers, many conversations with both their colleagues and clients are confidential,
30May2020

No Excuses: Remote Depositions Required in the Age of COVID-19

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By Tamara Fraizer and Steven Auvil Today’s litigators are advocates and strategists, excelling in the application of rules, the art of negotiation, and the power of oral argument, and they use these tools to achieve the best possible outcomes for their clients. In the age of COVID-19, with stay-at-home orders in effect across much of the nation,
03May2020

Protect Your Meetings from Zoom Bombers

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By Craig Ball Distanced by Coronavirus, lawyers and teachers are flocking to the teleconferencing platform Zoom to meet and share screens.  Zoom is also turning up as a way to emulate face-to-face social interactions ranging from AA meetings and book clubs to happy hours and rock concerts.  Last week, the Chipotle fast food chain sought to bring a little joy to COVID-stressed customers by hosting an online concert with singer/songwriter Lauv. 
03May2020

Eight Tips for Court Appearances via Videoconference

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By Nicole Black Over the past month, videoconferencing has become the new normal. After all, there hasn’t been much choice in light of the shelter-in-place mandates in effect in many states and the implementation of social distancing as a necessary safety measure. As a result, most courts have suspended in-person appearances and have begun to use videoconferencing tools to facilitate and streamline the swift administration of justice.
30Mar2020

Teleconferencing Tips

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By Craig Ball “Is Bob on the call? Will someone PLEASE e-mail Bob? “Everyone, everyone, PLEASE mute your #$%^& line!” “THERE’S there’s, AN an, ECHO, Echo, echo, ech….” “How do we share our screen again? Wait I see it. No, that’s not it.” It’s 2020, one year AFTER the events of the film Blade Runner.
03Mar2020

Lawyer iPhone Story

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By Russell Knight and Jeff Richardson I love to hear how other attorneys are using an iPhone or iPad in their law practice, so I always appreciate it when one of you is willing to share what you are using with the rest of the readers of iPhone J.D. Today I am sharing a submission from Russell Knight,
03Mar2020

Eleven eDiscovery Predictions for 2020

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By Mary Rechtoris This January we welcomed a new decade. A new decade feels like the ultimate fresh start—new year, new me. Before you give up on your resolutions, it may be helpful to reflect on the past decade. In the discovery space, there have been no shortage of monumental moments that have shaped the last 10 years, 
03Feb2020

The Legal Research Tools Lawyers are Using in 2020 and Beyond

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By Nicole Black There’s a lot of great technology out there for lawyers. No doubt you already use some of it in your law firm. After all, investing in legal technology tools is one of the most cost-effective ways to streamline your law firm and increase efficiency. But you already know that.
03Feb2020

Judges and Experts Project Next Decade of Discovery

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By Casey Sullivan Think back to the dawn of the 2010s when you were young and your whole life was still ahead of you. Think about what life was like way back then. There was Angry Birds and the first iPads and Mark Zuckerberg on the cover of Time Magazine,
08Jan2020

Reducing Discovery Burdens: Technology Alone is Not Enough

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By Casey Sullivan Three decades ago, the discovery process was fairly straightforward. An attorney conducting document discovery could simply confer with the client, determine the documents at issue, collect them from filing cabinets, and begin reviewing. The relative dearth of paper documents meant that even inefficient approaches to document review, such as linear,
04Jan2020

Mobile Lawyer Trends in 2020

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By Nicole Black We’re nearly two decades into the 21st century, and during those 20 years technology has changed at rates never before seen. The legal industry has not been immune to that change, and survey after survey shows that lawyers are increasingly incorporating technology into their day-to-day practices. The rise of mobile and cloud computing One of the technologies that legal professionals have been the most likely to embrace is mobile computing.
03Nov2019

Data Security – Your Client’s and Yours

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By Hayk Saakian Lawyers like you have access to sensitive information. You are also privy to confidential data that was entrusted to you by your clients. After all, information is essential to a law practice. That’s why data leaks should never happen. With today’s technology and the Internet, I’m 100 percent sure that most of your data,
03Nov2019

One More Reason Lawyers Should Avoid Email

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By Nicole Black Most lawyers rely heavily on email, which isn’t surprising. After all, lawyers are used to email and have been using email to communicate with clients for decades now. This, despite the fact that it is inherently unsecure and is no different than sending a postcard written in pencil through the post office.
30Sep2019

Preserving Android Evidence

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By Craig Ball When computer forensics was in its infancy, examiners collected evidence from disks by copying their contents byte-for-byte to matching, sterilized disks, creating archival and working copies called “clones.”  Cloning drives was inefficient, expensive, and error prone compared to the imaging processes that replaced it.  Yet, disk cloning worked for years,
30Sep2019

Data Validation in eDiscovery

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By Michael Schidlow Business deals are made and scandals fueled over text, as opposed to a physical paper trail. Come litigation time, those electronic records need to be verifiably loaded into a system and reviewed for a number of purposes. Emails, messenger logs, and attachments linked to those communications become subject to review.
03Sep2019

Three Ways Legal Software can Improve Law Firm Oversight

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By Nicole Black Running a busy law firm can be challenging, to say the least. There are lots of moving pieces regardless of your firm’s size, and the more attorneys and staff you add to the mix, the more complicated things become. Staying on top of everyone’s daily schedules and workloads can become a task in and of itself.
04Aug2019

Who Says You Can’t Bates Number Native Productions?

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By Craig Ball A writer’s hubris is the conviction that when you’ve covered a topic, you’ve had your say.  But new readers rarely have time or desire to plumb earlier work and, were they to try, much of what I wrote on the underpinnings of e-discovery and forensics was long ago stolen away like Persephone to a paywall-protected underworld,
01Jul2019

12 Ways to Improve Your Discovery Cost Recovery Process

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By Casey Sullivan
If you’re passing discovery costs through to your clients—and the vast majority of law firms are—you’re also probably getting pushback on discovery costs, at least occasionally. In a recent Logikcull survey, 89 percent of law firms experienced client pushback on discovery costs, with 68 percent receiving pushback sometimes,
01Jul2019

3 Ideas to Future-Proof Your Law Firm

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By Nicole Black According to the 2019 Altman Weil “Law Firms in Transition 2019” survey, 96 percent of law firm leaders “agree almost unanimously that a focus on improved practice efficiency is a permanent trend in the profession.” One way that some firms are addressing the push for increased efficiency is by using technology to improve firm processes,
07Jun2019

e-Discovery Technology is Not Just for Bigger Firms

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By Jeffrey Wolff One thing that keeps surprising me is the still widespread idea that eDiscovery technology is exclusively available for enterprises and the bigger firms. Although most people agree with the fact that SaaS makes eDiscovery technology more widely available, a lot of solo litigators and small firm lawyers I speak with are skeptical of using eDiscovery tools in their practices.
03Jun2019

Moving to a Paperless Law Firm: Three Tips for Working with PDFs

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By Nicole Black In the past year, there has been an increased interest in moving to paperless law firms. This is because in many jurisdictions e-filing is becoming a requirement. As the courts make this transition to e-filing, law firms are feeling the pressure to digitize their documents and establish a paperless workflow.
05May2019

Shifting the e-Discovery Paradigm from Documents to People

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By Ann Marie Lane TV defense attorney Ben Matlock is one of the most well-known fictional characters in American pop culture.  A folksy, bad-tempered southern attorney, he has a penchant for calling out perpetrators in a dramatic courtroom scene. While it has been over 20 years since the final Matlock episode aired,
26Mar2019

How Legal Technology is Impacting the Modern Solo/Small Firm

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By Jennifer Anderson It used to be the case that if you wanted to practice law at a firm with all the latest technological bells and whistles, you had to go to one of the mega-firms. Small firms largely didn’t have the resources to absorb the great costs associated with fledgling (yet undeniably effective) technologies. 
04Mar2019

Loving Location Histories

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By Craig Ball I give dozens of talks each year on electronic evidence where I discuss geolocation data and its transformative potential as evidence in criminal prosecutions and civil litigation.  Smart phones constantly track our movements using gyroscopes, accelerometers, global positioning features, geolocation apps, cell tower triangulation and three independent radio systems.
03Feb2019

Is the Future of E-Discovery Really in the Cloud?

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By Keely McKee “Cloud-based hosting for many still seems like a black box, and it is the unknown that makes customers hesitate,” said Josh Hass, eDiscovery and Structured Data Solution Leader at CRA, on The Relativity Blog last spring. Often, teams simply don’t know just how much security this solution offers.
07Jan2019

Legal Tech’s Predictions for 2019 in E-Discovery

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By Zach Warren Many now consider e-discovery to be a mature market, but that doesn’t mean the pace of innovation is necessarily slowing down. On the contrary, 2018 saw the adoption of new technologies like beginning-of-EDRM analytics at a wider scale, a focus on expanding e-discovery technology into adjacent spaces like information governance,
12Nov2018

Mobile to the Mainstream

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By Craig Ball Once you’ve preserved the contents of a mobile device, how do you extract responsive content in forms that are searchable and amenable to review? Most information items on mobile devices aren’t “documents” that can be printed to a static format for review. Instead, much mobile content is fielded data that must retain a measure of structural integrity for intelligibility.
15Oct2018

The GDPR: More a Collaboration Opportunity than a Data Hindrance?

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By Zach Warren, LegalTech News Editor-in-Chief The GDPR was front and center at the “International e-Discovery and Data Protection” session of Relativity Fest 2018, where panelists said it can be an opportunity to bake privacy into the discovery workflow. It’s a radical concept, but stay with me here. Perhaps, in spite of the extremely large potential fines and the headaches it has caused IT teams worldwide,
06Sep2018

Why Now is the Perfect Time to Take Control of Your eDiscovery

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By ZyLAB eDiscovery is one of those tasks nearly everyone is happy to hand off to someone – anyone – else. “It’s too complicated,” they say. “Too expensive! And too time-consuming!” Granted, all that used to be true. But if you haven’t looked at eDiscovery lately, you may have missed how it’s evolved.
04Sep2018

The Most Important eDiscovery Cases of 2018 (So Far)

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By Casey Sullivan 2018 has been an unusually quiet year for eDiscovery cases. Usually by this point, we would have at least a few blockbuster cases, with big sanctions and big controversy to make a big deal over. While we have had a few big fines, the jurisprudence in eDiscovery seems to have settled down greatly since the enactment of the 2015 amendments to the discovery rules in the Federal Rules of Civil Procedure.
11Jun2018

6 Keys to Consider When Evaluating eDiscovery Review Platforms

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By Kelly Twigger Technology of review software is constantly evolving, and many platforms are moving to the cloud. Firms that have purchased behind-the-firewall solutions are re-evaluating their expenditures, and in-house departments are looking to leverage their own tools to reduce costs with outside counsel. Firms that have had Summation and Concordance in the past are reassessing their options.